MATTER OF SMALL v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

527902.

175 A.D.3d 779 (2019)

106 N.Y.S.3d 423

2019 NY Slip Op 06038

In the Matter of Anthony Small, Petitioner, v. Department of Corrections and Community Supervision, Anthony J. Annucci, Commissioner, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided August 1, 2019.


Based upon an investigation that included the use of a confidential informant, petitioner was charged in a misbehavior report with assaulting an inmate by punching him in the mouth and causing a minimally displaced fracture to his jaw. Following a tier III hearing, petitioner was found guilty of that charge and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We are unpersuaded by petitioner's contention that he was...

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